ARTICLE 8 SECTION 3 CASE 1 OF 3
RADIOWEALTH INC vs. AGREGADO
DOCTRINE:
- Prerogative of court includes not only powers to adjudicate cases but all
things reasonably necessary for admin of justice.
- Incidental powers are as necessary as the powers specifically granted by law
IMPORTANT RULING RELATED TO THE PROVISION/DOCTRINE:
Auditor General authority to audit and disapprove court’s expenditures has
to be limited to conditions prescribed by law which do not invade court’s
independence
FACTS:
1. Questioned purchase and installation:
a. Webster Teletalk, Model 206 MA
b. Webster Telehome speakers
2. Clerk of SC: certified purchase/installation on 2ND and 3RD flr of
Malacanan Annex, where SC is (“urgent/necessary to pub service”)
a. Dacanay (Property Requisition Committee): disapproved
i. Contrary to EO 302 PAR 4
ii. Contrary to policy adopted by Cabinet, discontinuing
open market purchase
iii. Contrary to EO 298
3. Radiowealth, Inc: vendor of equip and accessories requested
approval from Auditor General, that Treasury Warrant in process of
issuance to cover amount but auditor for SC refused to countersign
4. Auditor General comments to Chief Justice:
a. Purchase of emergency supplies, materials, furniture, & equip
for use of nat’l govt governed by SEC 2044 of Revised Admin
Code (RAC), EO 298, EO 302, and Dept of Finance Order #7
b. No evidence to show that reqs of law and/or regulations had
been complied with.
c. Disclaims that decision is any way premised on or influenced
by PRC Chairman’s action
i. “PRC actuation irrelevant to disposal of this case and
that it is only the Auditor General’s ruling which
should be reviewed”
ISSUES: Who has authority to pass upon court’s requisition for supplies SC
NOTE: Auditor Gen and PRC invoke same legal provisions/Eos/AOs re who
has authority to pass on requisition for supplies (both also ruled the same this
is literally just a huge pissing contest on who has the real final say)
RULING:
1. SC is independent of exec/legis control (separation of powers)
a. Auditor General authority to audit and disapprove court’s
expenditures has to be limited to conditions prescribed by law
which do not invade court’s independence
i. Authority is NOT absolute.
ii. Auditor Gen may not question the court’s
expenditures except when they are “irregular,
unnecessary, excessive, and extravagant”
b. TARLAC, ETC v GALE (ponente Justice Moreland):
i. “Under the acts of legislature of the PH, the judiciary
has the power to maintain its existence, and whatever
is reasonably necessary to that end courts
constituting judiciary may do/order done. They have
power to preserve their integrity, maintain their
dignity, and to insure effectiveness in admin of justice
ii. “Officials of the govt who owe a duty to the courts
under the law cannot deprive the courts of anything
which is vital to their functions, nor can such officials
by the exercise of any judgment or discretion of their
own escape an obligation to the courts which the law
lays down.”
c. Prerogative of court includes not only powers to adjudicate
cases but all things reasonably necessary for admin of justice
i. Incidental powers are as necessary to existence of
court as the powers specifically granted
ii. Court could not maintain its independence/dignity as
the Consti intends if exec personably or through
subordinate officials could determine for court what
it should have or use in discharge of functions, and
when and how it should be obtained
d. Exec and Judic on same footing in requisition of fixtures,
equipment, and supplies
i. Chief Exec has no more authority to encroach on SC
in choice of instruments needed to carry on its
 functions than the court has to dictate to exec what,
when, and how to get his
2. SEC 2041-2044 of RAC speak of depts., bureaus, and offices, and not
the legislature or SC :. not intended to embrace them
a. Not true that enforceable on clerk on court since clerk is not
an officer separate and distinct but a subordinate of court
b. SEC 2041: regulates purchase of govt supplies and directs that
such purchase should be effected through Bureau of Supplies
c. SEC 2044: general exceptions by authorizing purchase in
open market without interference of BOS when materials or
supplies are to be used in construction, repair, maintenance of
a public work upon the occasion of any emergency involving
danger to life or property, or in any case where the location of
the work is remote from Manila
3. No denial of power of Auditor Gen to audit in accordance with law
and admin regulations, expenditures of funds or property
pertaining to or held in trust by govt or provinces or municipalities.
Neither does the court claim exemption from authority vested in
Auditor General by Consti to examine, audit, and settle all accounts
of govt or to bring the attention expenditures of funds or property
which, in his opinion, are irregular, unnecessary, excessive and
extravagant.